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STATE v. ZABAWA

No. 95-349.

928 P.2d 151 (1996)

STATE of Montana, Plaintiff and Respondent, v. Thomas ZABAWA, Defendant and Appellant.

Supreme Court of Montana.

Decided November 21, 1996.

Rehearing Denied January 2, 1997.

Attorney(s) appearing for the Case

Daniel P. Buckley (argued), Berg, Lilly, Andriolo & Tollefsen, Bozeman, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, Michael Wellenstein (argued), Ass't Attorney General, Helena, Michael Salvagni, Gallatin County Attorney, Gary Balaz, Deputy County Attorney, Bozeman, for Plaintiff and Respondent.

GRAY, Justice.

Thomas Zabawa (Zabawa) appeals from the judgment and sentence entered by the Eighteenth Judicial District Court, Gallatin County, on his guilty plea to the offense of felony assault. We affirm.

Zabawa raises the following issues on appeal:

1. Did the District Court err in concluding that application of § 46-18-221, MCA, commonly referred to as the weapon enhancement statute, did not subject Zabawa to multiple punishments in violation...

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